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United States v. Permenter

Citation: 6 ELR 20049
No. No. 75-542, (D.S.C., 10/27/1975)

A developer who performed certain dredge and fill activities in Myrtle Beach, South Carolina, without a permit from the U.S. Army Corps of Engineers is permanently enjoined from engaging in any further dredging activity and is ordered to pay plaintiff a civil penalty of $7,500. In creating a boat basin, widening a manmade canal to which the basin was connected, bulkheading both the basin and the enlarged canal, and filling adjacent marshlands for the purpose of residential development, defendant clearly dredged areas subject to tidal flow and filled areas below the mean high water level. This conduct violated both the Rivers and Harbors Act of 1899 and § 301(a) of the Federal Water Pollution Control Act, as amended. Under § 309(d) of the FWPCA, such violations of § 301 are subject to a civil penalty of up to $10,000 per day. Defendant is also enjoined from selling any property at the development site without prior approval of the court until the civil penalty has been paid in full.

Counsel for Plaintiff
Mark W. Buyck
151 U.S. Courthouse
Columbia, S.C. 29201

William L. Want
Department of Justice
Washington, D.C. 20530

Counsel for Defendant
John A. Martin
P.O. Box 298
Winnsboro, S.C. 29180